04-09-05 Special Item 13SOUS
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor Date: April 9, 2005
& Commission Members
From: Maria Davis t RE: Proposed Moratorium
City Manage'" Ordinance Four Story Height
ORDINANCE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO ZONING; ESTABLISHING A MORATORIUM ON NEW
APPLICATIONS FOR ALL DEVELOPMENT ORDERS, APPROVALS AND PERMITS FOR
BUILDINGS IN EXCESS OF FOUR STORIES AND ANY AND ALL RELATED APPLICATIONS
FOR VARIANCE, SPECIAL EXCEPTIONS OR OTHER ZONING CHANGES; PROVIDING.
EXCEPTIONS; PROVIDING FOR ORDINANCES IN CONFLICT, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
BACKGROUND
The above draft ordinance was submitted by Commissioner Sherar. In order to expedite
consideration, the ordinance was referred to the Planning Board because it essentially amends the
Land Development Code for a temporary period. A zoning moratorium is an important tool used
by local governments to insure that anticipated development will not invalidate the objectives of
new or revised regulations which are not yet adopted.
Moratorium ordinances are not an appropriate tool if they are used to block specific development
or if they are not based upon "pending" ,legislation which is being studied or in the process of
being adopted. It is also important that a moratorium ordinance be of a reasonable length and it
can not be used to eliminate a vested right of a property owner. The most successful moratorium
ordinances will provide for a process which allows discretion or a method whereby a property
owner has the right to appeal for exception or waiver from the strict provisions of the
moratorium.
STAFF OBSERVATIONS
(1) The City of South Miami is in the process of doing a comprehensive review of all of all land
use provisions related to height of buildings. This is in the form of the State mandated
Evaluation and Appraisal Report (EAR) being carried out on the City's Comprehensive Plan.
The permitted heights of buildings in each land use category and policies related to the height
of buildings in the boundary areas of each category will be closely reviewed. The end result
of this effort could change the permitted heights of buildings in commercial and residential
areas throughout the City. The proposed moratorium limiting building height is not consistent
with the TODD Land Use Category in the Comprehensive Plan. The actual revisions to the
Land development Code could not be made until the State has approved the
City's EAR, anticipated in December of 2005. It can be expected that EAR approved
revisions will take place during the first 6 months of 2006:This process however, does not
meet the "pending study" test which would allow for a moratorium because no legislation is
pending to amend the height of structures within- certain zone districts or to establish a
relationship criteria between structures.
(2) A second test of a moratorium ordinance is related to length. The proposed moratorium
ordinance has a nine month limitation which is reasonable. However it can be anticipated that
at least one or two extensions will be required:
(3) A third test of a moratorium ordinance is related to westing or the.right of an applicant to
carry out a project already in process. The proposed ordinance back dates the effectiveness of
the ordinance to December 7, 2004. This could become problematic for the City and could be
avoided if the ordinance was effective on the date of passage,
(4) A fourth test of a moratorium ordinance is related to provisions which allow for discretion or
a method whereby a property owner -has the right to appeal for exception or waiver from the
strict provisions of the moratorium. The proposed moratorium ordinance does not provide for
this and essentially creates a situation in which property owners rights are totally blocked
without opportunity to appeal or ask for consideration.
(5) It is a concern of the Planning staff that the proposed moratorium is targeting very specific
areas of the City and appears to be aimed at pending development There are very few
locations which allow for buildings over 4 stories (TODD- MIT -5) as a matter of right. In most
cases exceeding the four story limit also triggers a requirement for special approval by the
City Commission, i.e. special exception, special uses, PM Staff also would point out that
variance criteria are established by Statute and local ordinances can not limit remedies
created by Statute.
PLANNING BOARD ACTION
The Planning Board at its January 11, 2005 meeting following a public hearing on the proposed
ordinance, adopted a motion by a vote of 5 ayes 0 nays recommending e
That the proposed moratorium ordinance as submitted not be approved, and an alternate special
use process be created as recommended by staff and that applications be handled on a case -by-
case basis with the following conditions: (1) that any application that is above two story will have
to come before the Board for a hearing, and (2) that tin any applications by individuals that
normally would not be affected by this moratorium ordinance that staff use their discretion to
waive any fees or not.
RECOMMENDATION
Staff is suggesting that the objective of the moratorium can be accomplished by the adoption of
an alternate ordinance which would require all development applications that exceed two stories
in height to go through a "special use" process. This allows for Planning Board review and City
Commission approval. This would avoid potential challenges related to vesting, targeting, and
property rights violations, which are connected to moratoriums. It is recommended that
consideration be given to a substitute ordinance mandating that, for an interim period, the special
use process shall be applicable for all development applications that exceed two stories in height.
Attachments
Moratorium Ordinance
Planning Board Minutes 1 -11 -05
MD/DOWS4YE:\Comm Items\2005 \4 -9 -05 Special \Ordinance Moratorium Four Story Report.doc
1
2 ORDINANCE NO.
3
4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ZONING;
6 ESTABLISHING A MORATORIUM ON NEW APPLICATIONS FOR ALL
7 DEVELOPMENT ORDERS, APPROVALS AND PERMITS FOR BUILDINGS
8 IN EXCESS OF FOUR STORIES AND ANY AND ALL RELATED
9 APPLICATIONS FOR VARIANCE, SPECIAL EXCEPTIONS OR OTHER
10 ZONING CHANGES; PROVIDING EXCEPTIONS; PROVIDING FOR
11 ORDINANCES IN CONFLICT, CODIFICATION, SEVERABILITY AND AN
12 EFFECTIVE DATE.
13
14 " WHEREAS, the city commission is entrusted with the responsibility to establish
15 reasonable laws, policies and regulations to further the general public health, safety and welfare
16 of the community; and,
17
18 WHEREAS, pursuant to this responsibility the city has adopted the City of South Miami
19 Comprehensive Plan by Ordinance No. 3 -89 -1418 and the Development Code of the City of
20 South Miami by Ordinance No. 19 -89- .1441; and,
21
22 WHEREAS, the city is currently undertaking a thorough analysis of its Comprehensive
23 Plan and the impacts of large developments on transportation, public safety, adequacy of public
24 facilities, recreation, and open space as part of the Evaluation and Appraisal Report in
25 accordance with Chapter 163, Part II, F.S. and Chapter 9J -5 Florida Administrative Code; and,
26
27 WHEREAS, the city requires time to evaluate the extent that the existing zoning laws are
28 effectively implementing the Comprehensive Plan; and,
29
30 WHEREAS, the city also requires time to review, consider, modify, and process for
31 approval the EAR -based amendments to the Comprehensive Plan; and,
32
33 WHEREAS, the city after careful consideration of the matter deem it advisable and in the
34 best interest of the general welfare of the city and its .inhabitants to temporarily halt the issuance
35 of development approvals for buildings in excess of four stories in the Temporary Moratorium
36 Area; and,
37
38 WHEREAS, a temporary moratorium on the acceptance of application for certain
39 permits, variances and special exceptions for new developments in excess of four stories will
40 allow for the necessary studies to be conducted and considered; and,
4`l
42 WHEREAS, to avoid development that may be contrary to the EAR -based amendments
43 to the Comprehensive Plan a limited and temporary moratorium is necessary and appropriate.
44
45 BE IT ENACTED BY THE MAYOR AND CITY COMMISSION OF THE CITY
46 OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Additions shown by underlining and deletions shown by ove *rig
1 Section 1. Upon the date of enactment of this ordinance, no building permits,
2 variances or special exceptions for buildings in excess of four stories shall be issued until the
3 earlier of the date the EAR -based amendments are approved or the passage of 9 months. This
4 moratorium may be extended beyond 9 months in order to complete the process of approving the
5 EAR -based amendments to the Comprehensive Plan,
6
7 Section 2. This moratorium shall not be applicable to applications for building
8 permits, development approvals, variances or special exceptions submitted prior to December 7,
9 2004. Further, development approvals and building permits may be issued for any and all
10 projects if the project does not increase the size or footprint of the existing building or structure,
11 it being the intent of this ordinance that building permits for the repair or replacement of existing
12 structures, or parts thereof, shall be allowed during the moratorium.
13
14 Section 3. Nothing in this ordinance should be construed or applied to abrogate the
15 vested right of a property owner to develop or utilize his/her property in any other way
16 commensurate with zoning and other regulations, including any required renewal of permits for
17 existing legally erected premises.
18
19 Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
20 ordinance are repealed.
21
22 Section 5. If any section, clause, sentence, or phrase of this ordinance is for any
23 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
24 affect the validity of the remaining portions of this ordinance.
25
26 Section 6. This ordinance shall take effect immediately upon enactment.
27
28 PASSED AND ADOPTED this day of 2005
29
30 ATTEST: APPROVED:
31
32
33 CITY CLERK MAYOR
34
35 COMMISSION VOTE:
36 APPROVED AS TO FORM Mayor Russell:
37 Vice Mayor Palmer:
38 Commissioner Wiscombe:
39 CITY ATTORNEY Commissioner Birts- Cooper:
40 Commissioner Sherar:
41
42 1St Reading
43 2nd Reading —
44
45
46 \ \02srvplaw \prolaw\ Documents\ 0022\ REC\26250.doc -- zoning moratorium
47
Additions shown by underlining and deletions shown by e° ver�iking.
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, January 11, 2005
City Commission Chambers
7 :30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:35 P.M.
Action: The Pledge of Allegiance was recited in unison.
IL Roll Call
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Gibson,
Mr. Liddy, Mr. Comendeiro, and Mr. Illas.
Board members absent: Ms. Yates and Mr. Mann
City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis
(Planning Consultant), Luis Figueredo (City Attorney), Gremaf Reyes (Video
Support), and Patricia E. Lauderman (Planning Board secretary).
III. Administrative Matters
Chairman Mr. Morton informed the public that Items PB -05 -001 and. PB -05 -002
had been deferred per the applicant's representative Mr. Tucker Gibbs, Esq. Mr.
O'Donniley further explained that Mr. Gibbs wrote a letter (dated 1/7/05)
requesting that the items from the South Miami Corporation be deferred to the
Planning Board meeting date of February 8, 2005.
Mr. Alfonso Perez, Esq addressed the Board and explained that he was representing
Mr. Tucker Gibbs since he was not able to be present tonight's meeting. Mr. Perez
reiterated the same information Mr. Gibbs' letter indicated and emphasized that the
applicant is ready to appear at the February 8, 2005 meeting of the Planning Board.
Planning Board Meeting
January 11, 2005
Page 2 of 6
The Board agreed to make a motion in order to establish a date certain for the items
PB -05 -001 and PB- 05 -002e
Motion: Mr. Comendeiro made a motion to defer items PB -05 -001 and PB -05 -002
to the next meeting of February 8, 2005. Mr. Liddy seconded the motion.
Vote: Ayes 5 Nays 0
IV. Planning Board Applications / Public Hearings
Chairman Mr. Morton swore in speakers
Moratorium Ordinance
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO ZONING; ESTABLISHING A
MORATORIUM ON NEW APPLICATIONS FOR ALL DEVELOPMENT ORDERS,
APPROVALS AND PERMITS FOR BUILDINGS IN EXCESS OF FOUR STORIES AND
ANY AND ALL RELATED APPLICATIONS FOR VARIANCE, SPECIAL EXCEPTIONS
OR OTHER ZONING CHANGES; PROVIDING EXCEPTIONS; PROVIDING FOR
ORDINANCES IN CONFLICT, CODIFICATION, SEVERABILITY AND AN EFFECTIVE
DATE.
ACTION: Mr. Morton read the item into the record. Mr. O'Donniley informed the
Board that this ordinance is one of two proposed ordinances that have been
submitted by a city commissioner member. In order to expedite consideration, both
ordinances were referred to the Planning Board because they essentially amend the
Land Development Code for a temporary period. He also explained that a zoning
moratorium is an important tool used by local governments to insure that
anticipated development will not invalidate the objectives of new or revised
regulations which are not yet adopted. Moratorium ordinances are not an
appropriate tool if they are used to block specific development or if they are not
based upon "pending" legislation which is being studied or in the process of being
adopted. The most successful moratorium ordinance will provide for a process
which allows discretion or a method whereby a property owner has the right to
appeal for exception or waiver from the strict provisions of the moratorium.
City attorney Mr. Figueredo, addressed the Board's inquiry whether the two
moratorium ordinances should be heard simultaneously or separate. Mr. Figueredo
advised the Board to treat each moratorium ordinance separate with each having
their own public hearing section. He added that if information for both ordinances
were the same, then the information can be summarized for the second ordinance.
Mr. O'Donniley provided the following staff observations:
(1) The City of South Miami is in the process of doing a comprehensive review of
all of all,land use provisions related to height of buildings. This is in the form of
the State mandated Evaluation and Appraisal Report (EAR) being carried out
Planning Board Meeting
January 11, 2005
Page 3 of 6
on the City's Comprehensive Plan. The permitted heights of buildings in each
land use category and policies related to the height of buildings in the boundary
areas of each category will be closely reviewed. The end result of this effort
could change the permitted heights of buildings in commercial and residential
areas throughout the City. The proposed moratorium limiting building height is
not consistent with the TODD Land Use Category in the Comprehensive Plan.
The actual revisions to the Land development Code could not be made until the
State has approved the City's EAR, anticipated in December of 2005. It can be
expected that EAR approved revisions will take place during the first 6 months
of 2006.This process however, does not meet the "pending study" test which
would allow for a moratorium because no legislation is pending to amend the
height of structures within certain zone districts or to establish a relationship
criteria between structures.
(2) A second test of a moratorium ordinance is related to length. The proposed
moratorium ordinances have a nine month limitation which is reasonable.
However it can be anticipated that at least one or two extensions will be
required.
(3) A third test of a moratorium ordinance is related to vesting or the right of an
applicant to carry out a project already in process. The proposed ordinances
back date the effectiveness of the ordinances to December 7, 2004. This could
become problematic for the City and could be avoided if the ordinances should
be effective on the date of passage.
(4) A fourth test of a moratorium ordinance is related to provisions which allow for
discretion or a method whereby a property owner has the right to appeal for
exception or waiver from the strict provisions of the moratorium. The two
proposed moratorium ordinances do not provide for this and essentially creates
a situation which property owners rights are totally blocked without opportunity
to appeal or ask for consideration.
(5) It is a concern of the Planning staff that the proposed moratorium is targeting
very specific areas of the City and appears to be aimed at pending development
There are very few locations which allow for buildings over 4 stories (TODD-
MU-5) as a matter of right. In most cases exceeding the four story limit also
triggers a requirement for special approval by the City Commission, i.e. special
exception, special uses, PUD. Staff also would point out that variance criteria
are established by Statute and local ordinances can not limit remedies created
by Statute.
(6) Staff is also concerned that the moratorium ordinance dealing with single-
family residential and the relationship between structures should be dealt with
in the Land Development Code, and to date there is no pending legislation
which responds to that issue:
The Board and staff discussed the moratorium ordinance relating to new
applications for buildings in excess of four stories.
Planning Board Meeting
January 11, 2005
Page 4 of 6
Mr. Morton opened the Public Hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Jay Beckman 6520 SW 65 St.
Mr. Beckman expressed concern about the issue of concurrency. He also stated that
further traffic studies need to be conducted and then analyzed by the Planning
Board.
Yvonne Beckman 5871 SW 83 St. Supported
Ms. Beckman requested to the Board members that this moratorium ordinance be
forwarded to the city commission for their consideration. She also commented that
the concurrency is a real important issue that needs to be addressed. Additionally
she emphasized that the city needs greenspace and that it should be accounted for in
the Evaluation and Appraisal Report (EAR) process.
Mr. Morton closed the Public Hearing.
Mr. O'Donniley noted that the moratorium ordinance does not comply with the
with the Comprehensive Plan, as stated in staff s' observations which reads "The
proposed moratorium limiting building heights is not consistent with the TODD
Land Use Category in the Comprehensive Plan.
STAFF RECOMMENDATION'
Staff suggested that the objectives of both moratoriums can be accomplished by the
adoption of an alternate ordinance which would require all development,
applications that exceed two stories in height to go through a "special use" process.
This allows for Planning Board review and City Commission approval. This would
avoid potential challenges related to vesting, targeting, property rights violations,
which are connected to moratoriums. It is recommended that consideration be
given to a substitute ordinance mandating that for an interim period the special use
process shall be applicable for all development applications that exceed two stories
in height.
Motion: Mr. Illas made a motion to recommend that the proposed moratorium
ordinance as submitted not be approved; and the alternate special use process
suggested by staff be recommended with the following conditions: (1) that any
application that is above two story will have to come before the Board for a
hearing; and (2) that individuals that normally would not be affected by this
moratorium ordinance that staff use their discretion to waive any fees or not. Mr.
Liddy seconded the motion.
Vote: Ayes 5 Nays 0
Planning Board Meeting
January 11, 2005
Page 5 of 6
Moratorium Ordinance
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO ZONING; ESTABLISHING A NINE -
MONTH TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS
FOR BUILDINGS THAT EXCEED A BUILDING HEIGHT OF TWO STORIES AND 25
FEET WITHIN A DISTANCE OF 50 FEET, AND TWO STORIES AND 30 FEET WITHIN
A DISTANCE OF 100 FEET OF A SINGLE- FAMILY RESIDENTIAL ZONED
PROPERTY LINE; PROVIDING EXCEPTIONS; PROVIDING FOR ORDINANCES IN
CONFLICT, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
Action: Mr. Morton read the item into the record. Mr. O'Donniley noted that staff
observations mentioned earlier in the meeting applied to this ordinance as well,
with the exception that this proposed ordinance does not have a comprehensive
plan inconsistency problem. However, staff's recommendation would be to create
an alternate ordinance.
The Board and staff discussed the item.
Mr. Morton opened the Public Hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Yvonne Beckman 5871 SW 83 St. Supported
Ms. Beckman approved the moratorium and commented that it was appropriate to
give a 9 -month period' in order to give additional time to work with the EAR.
Jay Beckman 6520 SW 65 St. -
Mr. Beckman requested that this proposed moratorium ordinance be placed on
hold.
David Tucker, Sr. 6556 SW 78 Tern
Mr. -
Mr. Tucker stated that the concurrency issue needed to be addressed in the EAR
process.
Sharon McCain -
Ms. McCain did not speak on the ordinance, however, did comment on the special
Planning Board meetings being held by the Planning Department.
Mr. Morton closed the Public Hearing.
The Board agreed to make the motion similar to the motion passed earlier in this
meeting.
Motion: Mr. Illas made a motion to deny the moratorium ordinance as submitted
and approve that an alternate special use ordinance be created as recommended by
staff and that applications be handled on a case-per-case basis with the following
Planning Board Meeting
January 11, 2005
Page 6 of 6
conditions: (1) that any application that is above two story will have to come before
the Board for a hearing; and (2) that individuals that normally would not be
affected by this moratorium ordinance that staff use their discretion to waive any
fees or not. Ms. Gibson seconded the motion.
Vote: Ayes 5 Nays 0
V. Planning Board Work Program
None
VI. Approval of Minutes
Planning Board Meeting of November 9; 2004.
Action: The Board duly voted on and approved the minutes of November 9, 2004
as presented.
Vote: Ayes 5 Nays 0
Planning Board Meeting of November 30, 2004.
Action: The Board duly voted on and approved the minutes of November 30, 2004
as presented.
Vote: Ayes 5 Nays 0
VII. Remarks
There were no remarks.
VIIL Future Meetings
Tuesday, February 8, 2005
IX. Adjournment
Action: There being no further business before the Board, Mr. Morton adjourned
the meeting at 10 :00 PM
DOD /SAY /pel
E.\PB\PB Minutes\2005 Minutes\PB MINS 1- 11- 05.doc
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FRIENDS AND NEIGHBORS
Torn between a Caribbean cruise and ,river rafting? .
Find Travel Solutions in Sunday's Herald.
t at 11:30 a.m. Satur-
rial Fund, part of the founda-
.
`
JW Marriot Hotel,
tion, provides needed funding
41 Ave,
for Miami's youth programs;
Pascual Martinez
including those at the Y.
an Carolina Luria
The YMCA is one of six
tg the event which
organizations to receive fund-
a a "Cosmic Craze"
ing for 2005. The Y will use
rarticipants will
the grant to provide sports
iildren from new-
scholarships -for more than
ffRTESY Ti
COU
i -years old wearing
150 youngsters between .the
nfi retailers includ-
ages of 4 and 17 from low -in-
I TYO%F SOUTH MIAMI, FLORIDA
and Jack, Bognar
come communities.
ini, Boy'Meets Girl,
The grant targets'Y recre-
On Saturday, April 9, 2005, beginning at 9:30 a.m., in the City Commission
Petit here i a $50
Pan. There is a $50
flag programs including
flag football, soccer, basket -
Chambers, 6130 Sunset Drive, the City Commission will hold at its special
3n fee per child
ball, karate and cheerleading
meeting Public Hearings to consider the following items:
:ickets range from
in the communities of West
Dade, Hialeah, Medley, Miami
' AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE BY CHANGING THE- ZONING USE DISTRICT -FROM "TODD(MU -4)11,
;0 and tables of 10
Springs, Hialeah Gardens,
TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE -4) TO "PUD -M" PLANNED UNIT
Ae. For more infor-
Virginia Gardens, Carol, City
DEVELOPMENT MIXED USE FOR PROPERTY LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757
for tickets, call
'
and Miami Lakes.
_
SW 68 STREET; THE PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF A
MIXED USE PROJECT CONSISTING OF MULTI- FAMILY RESIDENTIAL BUILDINGS, RETAIL USES
a, 786- 268 -1822.
Other grant recipients are
AND A PARKING GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO THE
the Children's Resource Fund
DETERMINATION OF CONCURRENCY.
AH MEETING
aomi chapter. of
($8,500) to provide 45 special
needs children ages 3 -5 with
• ;AN ORDINANCE'ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE
will have its meet-
Music /Dance movement
STATUE 163.3221 FOR A PLANNED UNIT DEVELOPMENT-MIXED USE PROJECT KNOWN AS RED
? ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE
.g at' 8 p.m. April 11
classes and Karate; Perrine
DEVELOPMENT WILL INCLUDE BUILDINGS OF UP TO FIVE (5) STORIES IN HEIGHT AND THE
Iewinds clubhouse,
Baseball and Softball Associa -
FOLLOWING USES: UP TO 409 MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES
t 112th. Place and
tion ($7,500) toward capital
AND A PARKING GARAGE.
Ldall Drive.
improvements at Franjo Park;
AN ORDINANCE CREATING SEC. 2- 26.11 ENTITLED "THE AFFORDABLE HOUSING ADVISORY
speaker Barbara
Glades,Baseball and Softball
COMMITTEE."
s subject will be
.eft.
League, Inc. ($7,000) for field
and facility upgrades and to
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN A TWO YEAR CONTRACT WITH
re information, call
purchase uniform shirts and
BELLSOUTH AS THE CITIES LONG DISTANCE SERVICE PROVIDER, GENERATING ESTIMATED
SAVINGS OF $12,000.00 DURING THE TERM OF THE CONTRACT. '
Feiss, 305 - 274 -0197.
caps for over 300 youths;
water -a -Leg ($5,500) fund
AN ORDINANCE PROVIDING FOR LONG -TERM MANAGEMENT AGREEMENT WITH MONTANA/.
,N TREATS
water sports programming ming
MCLEAN TENNIS, INC. FOR TENNIS SERVICES AT DANTE FASCELL PARK.
erman American
and supplies for individuals
AN ORDINANCE ESTABLISHING A MORATORIUM ON NEW APPLICATIONS FOR ALL
b of Greater Miami
with disabilities and for at-
DEVELOPMENT ORDERS; APPROVALS AND PERMITS FOR BUILDINGS IN EXCESS OF FOUR
is annual luau from
` risk youth; and the Boys and
STORIES AND ANY AND ALL RELATED APPLICATIONS' FOR VARIANCE, SPECIAL EXCEPTIONS
aidnight April 16 at
Girls'Club ($5,500) to provide'
OR OTHER ZONING CHANGES.
ruse, 11919 SW 56th
more'than 500 boys and girls
AN ORDINANCE ESTABLISHING A NINE -MONTH TEMPORARY' MORATORIUM ON THE
with uniforms, equipment and
ISSUANCE OF BUILDING PERMITS FOR BUILDINGS THAT EXCEED A BUILDING HEIGHT OF
Sian chicken and
supplies at the Kendall Boys
TWO STORIES AND 25 FEET WITHIN A DISTANCE OF 50 FEET, AND TWO STORIES AND 30 FEET
WITHIN A DISTANCE OF 100 FEET OF A SINGLE - FAMILY RESIDENTIAL ZONED PROPERTY LINE.
all the trimmings
and Girls Club. For more
offered and The
information 'call toll free
; A RESOLUTION APPROVING A MASTER SITE PLAN, AND DEVELOPMENT PROGRAM FOR
s will play for danc-
1 - 8 7 7 - W O W - Y M C A'.
- CERTAIN PROPERTY IN A "PUD -M" PLANNED UNIT DEVELOPMENT MIXED USE ZONING
(1 -877- 969 - 9622):
DISTRICT MORE SPECIFICALLY LOCATED AT- 6600 -6640 SW :57 AVENUE AND 5757 SW 68
\'J STREET; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO SITE, TRAFFIC, SIGNAGE,
;e is $IO and dinner
ional $10. For more
If you have news for this
AND URBAN' DESIGN ISSUES, AND CONSTRUCTION OF APPROPRIATE PUBLIC
INFRASTRUCTURE AND LANDSCAPING.
m, call 305- 553 -8587
column, please send it to Bea
5123:
Moss, Friends and Neighbors,
SPECIAL NOTE:
Pursuant to Florida State Statue 163.3221 interested persons are advised that in addition to the
Neighbors, 7300 N. Kendall
information set forth above the proposed project will be built on a seven acre tract of land and
?SHIP GIFT
Dr., Suite 200, Miami, FL 33156
will have a dwelling unit density of 58.3 units per acre and a floor- area -ratio (FAR) of 1.54. The
MCA of Greater
or fax to 305-671-4350. Pictures
estimated population density of the project is 132 persons per acre. A copy of the development
is been awarded
cannot be returned. I ou have
agreement can be obtained at the South Miami Planning Department at the address shown
above.
3r Youth Sports'
questions, call Bea Moss at -
ips from the Kiwa -
305 -671 -4341 and leave a mes-
A RESOLUTION :RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(E).OF THE .
of Miami's Youth
"sage. Her e-mail address is
LAND DEVELOPMENT CODE TO ALLOW A GARAGE STRUCTURE TO BE BUILT IN THE FRONT
n. The Zee Memo-
Beaone aol.com:
C
SETBACK AREA RESULTING IN A VARIANCE REQUEST TO PERMIT A THREE FOOT FRONT
SETBACK WHERE A MINIMUM OF 25 FEET FRONT SETBACK IS REQUIRED: ALL ON A
PROPERTY WITHIN AN 'IRS-31' SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 5890
SW 84 Street; SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOT B OF SEAVIEW
ESTATES. '
°" (�
Kind of I&e a
A RESOLUTION FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT IN THE
"SR (HD -OV)" SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT
SPECIFICALLY LOCATED AT 5860 SUNSET DRIVE.
$ poft
inquiries concerning the above two items should be directed to the
for
City Clerk's` office at 305 - 663 -6340:
ALL interested parties are invited to attend and will be heard.
A f E2 OEM- K E 1 V
Marla M. Menendez
City Clerk
ME=
Pursuant to Florida Statutes 286.0105; the City hereby advises the public that if a person decides to appeal any, decision made by this
Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she
Sabserao to the Herald now. Call 1.880- 441.044.
will need a record of the
proceedings, and. that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which
=Includes the testimony and evidence upon which the appeal is to be based.
9RL &Br'4T4 sr 4:9' si $T:z '4 4'1wV V 4:¢'P x$:#S4 n 4"A-
-a4 '�.y'3'§T sue' -S a,n :.a:ti3 ?. -,4 •y Wti'o'= :.s st...w i•xi'fn V -x :trd'iwc 3k
139
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•
INCORPORATED • '
1927
L O R t 9 2001
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor Date: April 9, 2005
& Commission Members
From: Maria Davis PPjjff RE: Proposed Xaorium
City Managerl,,IM l V� Ordinance SF Residential
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO ZONING; ESTABLISHING A NINE -MONTH
TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR
BUILDINGS THAT EXCEED A BUILDING HEIGHT OF TWO STORIES AND 25 FEET
WITHIN A DISTANCE OF 50 FEET, AND TWO STORIES AND 30 FEET WITHIN A DISTANCE
OF 100 FEET OF A SINGLE- FAMILY RESIDENTIAL ZONED PROPERTY LINE; PROVIDING
EXCEPTIONS; PROVIDING FOR ORDINANCES IN CONFLICT, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE
BACKGROUND
The above draft ordinance was submitted by Commissioner Sherar. In order to expedite
consideration, the ordinances were referred to the Planning Board because it essentially amends
the Land Development Code for a temporary period. A zoning moratorium is an important tool
used by local governments to insure that anticipated development will not invalidate the
objectives of new or revised regulations which are not yet adopted.
Moratorium ordinances are not an appropriate tool if they are used to block specific' development
or if they are not based upon "pending" legislation which is being studied or in the process of
being adopted. It is also important that a moratorium ordinance be of a reasonable length and it
can not be used to eliminate a vested right of a property owner. The most successful moratorium
ordinances will provide for a process which allows discretion or a method whereby a property
owner has the right to appeal for exception or waiver from the strict provisions of the
moratorium.
STAFF OBSERVATIONS
(1) The City of South Miami is in the process of doing a comprehensive review of all of all land
use provisions related to height of buildings. This is in the form of the ;State mandated
Evaluation and Appraisal Report (EAR) being carried out on the City's Comprehensive Plan.
The permitted heights of buildings in each land use category and policies related to the height
of buildings in the boundary areas of each category will be closely reviewed. The end result
of this effort could change the permitted heights of buildings in commercial and residential
(2)
areas throughout the City. The actual revisions to the Land development Code could not be
made until the State has approved the City's EAR, anticipated in December of 2005. It can be
expected that EAR approved revisions will take place during the first 6 months of 2006.This
process however, does not meet the "pending study" test which would allow for a moratorium
because no legislation is pending to amend the height of structures within certain zone
districts or to establish a relationship criteria between structures,
(2) A second test of a moratorium ordinance is related to length. The proposed moratorium
ordinance has a nine month limitation which is reasonable. However it can be anticipated that
at least one or two extensions will be required.
(3) A third test of a moratorium ordinance is related to vesting or the right of an applicant to
carryout a project already in process. The proposed ordinance back dates the effectiveness of
the ordinance to December 7, 2004. This could become problematic for the City and could be
avoided if the ordinance was effective on the date of passage.
(4) A fourth test of a moratorium ordinance is related to provisions which allow for discretion or
a method whereby a property owner has the right to appeal for exception or waiver from the
strict provisions of the moratorium. The proposed moratorium ordinance does not provide for
this and essentially creates a situation in which property owners rights are totally blocked
without opportunity to appeal or ask for consideration.
(5) Staff is concerned that a moratorium ordinance dealing with single- family residential and the
relationship between structures should be dealt with in the Land Development Code, and to
_date there is no pending legislation which responds to that issue.
PLANNING BOARD ACTION
The Planning Board at its January 11, 2005 meeting following a public hearing on the proposed
ordinance, adopted a motion by a vote of 5 ayes 0 nays recommending o
That the proposed moratorium ordinance as submitted not be approved, and an alternate special
use process be created as recommended by staff and that applications be handled on a case- by-
case basis with the following conditions: (1) that any application that is above two story will have
to come before the Board for a hearing, and (2) that in any applications by .individuals that
normally would not be affected by this moratorium ordinance that staff use their discretion to
waive any fees or not.
RECOMMENDATION
Staff is suggesting that the objective of the moratorium can be accomplished by the adoption of
an alternate ordinance which would require all development applications that exceed two stories
in height to go through a "special use" process. This allows for Planning Board review and City
Commission approval. This would avoid potential challenges related to vesting, targeting, and
property rights violations, which are connected to moratoriums.
It is recommended that consideration be given to a substitute ordinance mandating that, for an
interim period, the special use process shall be applicable for all development applications that
exceed two stories in height.
Attachments
Moratorium Ordinance
Planning Board Minutes 1 -11 -05
MD/DOD /SAY E Comm Items\2005 \4 -9 -05 Special \Ordinance Moratorium -SF Residential Report.doc
1
2 ORDINANCE NO.
3
4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ZONING;
6 ESTABLISHING A NINE - MONTH TEMPORARY MORATORIUM ON THE
7 ISSUANCE OF BUILDING PERMITS FOR BUILDINGS THAT EXCEED A
8 BUILDING HEIGHT OF TWO STORIES AND 25 FEET WITHIN A
9 DISTANCE OF 50 FEET, AND TWO STORIES AND 30 FEET WITHIN A
10 DISTANCE OF 100 FEET OF A SINGLE- FAMILY RESIDENTIAL ZONED
11 PROPERTY LINE PROVIDING EXCEPTIONS; PROVIDING FOR
12 ORDINANCES IN CONFLICT, CODIFICATION, SEVERABILITY AND AN
13 EFFECTIVE DATE,
14
15 WHEREAS, the city commission is entrusted with the responsibility to establish
16 reasonable laws, policies and regulations to further the general public health, safety and welfare
17 of the community; and,
18
19 WHEREAS, pursuant to this responsibility the city adopted its Comprehensive Plan by
20 Ordinance No. 3.89 -1418 and the Land Development Code of the City of South Miami by
21 Ordinance no. 19- 89- 1441; and,
22
23 WHEREAS, in accordance with Chapter 163 F.S. and Chapter 9J -5 Florida
24 Administrative Code, and as part of theEvaluation and Appraisal Report (EAR) the City is
25 undertaking an analysis of the Comprehensive Plan and the impacts of commercial development
26 on contiguous residential zoning districts; and,
27
28 WHEREAS, the time necessary to undertake the planning process to complete the EAR
29 and approve the EAR -based amendments to the Comprehensive Plan is estimated to be
30 approximately nine- months; and;
31
32 WHEREAS, the mayor and the city commission; after careful consideration of the matter
33 deem it advisable and in the best interest of the general welfare of the City of South Miami and
34 its inhabitants to temporarily halt the issuance of building permits for buildings that exceed a
35 building height of two stories and 25 feet within a distance of 50 feet, and two stories and 30 feet
36 within a distance of 100 feet, of a single- family residential zoned property line; and,
37
38 WHEREAS, to avoid development that may be contrary to the EAR -based amendments
39 to the Comprehensive Plan a limited and temporary building permit moratorium is necessary and
40 appropriate.
41
42 BE IT ENACTED BY THE MAYOR AND CITY COMMISSION OF THE CITY
43 OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
44
45
I
Section 1. Upon the date of enactment of this ordinance, no building permit shall be
2
issued for buildings that exceed a building height of two stories and 25 feet within a distance of
3
50 feet and two stories and 30 feet within a distance of 100 feet of a single family residential
4
zoned property line until the earlier of the date the EAR - based amendments to the
5
Comprehensive Plan are approved or the passage of 9 months. This moratorium may be
6
extended beyond 9 months in order to complete the process of approving the EAR -based
7
amendments to the Comprehensive Plan.
8
9
Section 2. This moratorium shall not be applicable to applications for building
10
approvals submitted prior to December 7, 2004. Further, building permits may be issued for any
11
and all projects if the project does not increase the size or footprint of the existing building or
12
structure, it being the intent of this ordinance that building permits for the repair or replacement
13
of existing structures, or parts thereof, shall be allowed during the moratorium.
14
15
Section 3. Nothing in this ordinance should be construed or applied to abrogate the
16
vested right of a property .owner to develop or utilize his/her property in any other way
17
commensurate with zoning and other regulations, including any required renewal of permits for
18
existing legally erected premises.
19
20
Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
21
ordinance are repealed.
22
23
Section 5. If any section, clause, sentence, or phrase of this ordinance is for an Y
24
reason held invalid or unconstitutional . by a court of competent jurisdiction, the holding shall not
25
affect the validity of the remaining portions of this ordinance.
26
27
Section 6. This ordinance shall take effect immediately upon enactment.
28
29
PASSED AND ADOPTED this ® day of , 2005.
30
31
ATTEST: APPROVED:
32
33
34
CITY CLERK MAYOR
35
36
COMMISSION VOTE:
37
APPROVED AS TO FORM Mayor Russell:
38
Vice Mayor Palmer:
39
Commissioner Wiscombe:
40
CITY ATTORNEY Commissioner Birts - Cooper:
41
Commissioner Sherar:
42
43
1st Reading —
44
2nd Reading
45
46
\ \02srvplaw \prolaw\ Documents \0022\REC\26252.doc -- zoning moratorium 2
Additions shown by underlining and deletions shown by est-fiking
$ours
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INCORPORATED
1927
+b� O R x V
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, January 11, 2005
City Commission Chambers
7 :30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:35 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Gibson,
Mr. Liddy, Mr. Comendeiro, and Mr. Illas.
Board members absent: Ms. Yates and Mr. Mann
City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis
(Planning Consultant), Luis Figueredo (City Attorney), Gremaf Reyes (Video
Support), and Patricia E. Lauderman (Planning Board secretary).
III. Administrative Matters
Chairman Mr. Morton informed the public that Items PB -05 -001 and PB -05 -002
had been deferred per the applicant's representative Mr. Tucker Gibbs, Esq. Mr.
O'Donniley further explained that Mr. Gibbs wrote a letter (dated 1/7/05)
requesting that the items from the South Miami Corporation be deferred to the
Planning Board meeting date of February 8, 2005.'
Mr. Alfonso Perez, Esq addressed the Board and explained that he was representing
Mr. Tucker Gibbs since he was not able to be present tonight's meeting. Mr. Perez
reiterated the same information Mr. Gibbs' letter indicated and emphasized that the
applicant is ready to appear at the February 8, 2005 meeting of the Planning Board.
Planning Board Meeting
January 11, 2005
Page 2 of 6
The Board agreed to make a motion in order to establish a date certain for the items
PB -05 -001 and PB -05 -002.
Motion: Mr. Comendeiro made a motion to defer items PB -05 -001 and PB -05 -002
to the next meeting of February 8, 2005. Mr. Liddy seconded the motion.
Vote: Ayes 5 Nays 0
IV. Planning Board Applications / Public Hearings
Chairman Mr. Morton swore in speakers
Moratorium Ordinance
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO ZONING; ESTABLISHING A
MORATORIUM ON NEW APPLICATIONS FOR ALL DEVELOPMENT ORDERS,
APPROVALS AND PERMITS FOR BUILDINGS IN EXCESS OF FOUR STORIES AND
ANY AND ALL RELATED APPLICATIONS FOR VARIANCE, SPECIAL EXCEPTIONS
OR OTHER ZONING CHANGES; PROVIDING EXCEPTIONS; PROVIDING FOR
ORDINANCES IN CONFLICT, CODIFICATION, SEVERABILITY AND AN EFFECTIVE
DATE.
ACTION: Mr. Morton read the item into the record. Mr. O'Donniley informed the
Board that this ordinance is one of two proposed ordinances that have been
submitted by a city commissioner member. In order to expedite consideration, both
ordinances were referred to the Planning Board because they essentially amend the
Land Development Code for a temporary period. He also explained that a zoning
moratorium is an important tool used by local governments to insure that
anticipated development will not invalidate the objectives of new or revised
regulations which are not yet adopted. Moratorium ordinances are not an
appropriate tool if they are used to block specific development or if they are not
based upon "pending" legislation which is being studied or in the process of being
adopted. The most successful moratorium ordinance will provide for a process
which allows discretion or a method whereby a property owner has the right to
appeal for exception or waiver from the strict provisions of the moratorium.
City attorney Mr. Figueredo, addressed the Board's inquiry whether the two
moratorium ordinances should be heard simultaneously or separate. Mr. Figueredo
advised the Board to treat each moratorium ordinance separate with each having
their own public hearing section. He added that if information for both ordinances
were the same, then the information can be summarized for the second ordinance.
Mr. O'Donniley provided the following staff observations:
(1) The City of South Miami is in the process of doing a comprehensive review of
all of all land use provisions related to height of buildings. This is in the form of
the State mandated. Evaluation and Appraisal Report (EAR) being carried out
Planning Board Meeting
January 11, 2005
Page 3 of 6
on the City's Comprehensive Plan. The permitted heights of buildings in each
land use category and policies related to the height of buildings in the boundary
areas of each category will be closely reviewed. The end result of this effort
could change the permitted heights of buildings in commercial and residential
areas throughout the City. The proposed moratorium limiting building height is
not consistent with the TODD Land Use Category in the Comprehensive Plan.
The actual revisions to the Land development Code could not be made until the
State has approved the City's EAR, anticipated in December of 2005. It can be
expected that EAR approved revisions will take place during the first 6 months
of 2006.This process however, does not meet the "pending study" test which
would allow for a moratorium because no legislation is pending to amend the
height of structures within certain zone districts or to establish a relationship
criteria between structures.
(2) A second test of a moratorium ordinance is related to length. The proposed
moratorium ordinances have a nine month limitation which is reasonable.
However it can be anticipated that at least one or two extensions will be
required.
(3) A third test of a moratorium ordinance is related to vesting or the right of an
applicant to carry out a project already in process. The proposed ordinances
back date the effectiveness of the ordinances to December 7, 2004. This could
become problematic for the City and could be avoided if the ordinances should
be effective on the date of passage.
(4) A fourth test of a moratorium ordinance is related to provisions which allow for
discretion or a method whereby a property owner has the right to appeal for
exception or waiver from the strict provisions of the moratorium. The two
proposed moratorium ordinances do not provide for this and essentially creates
a situation which property owners rights are totally blocked without opportunity
to appeal or ask for consideration.
(5) It is a concern of the Planning staff that the proposed moratorium is targeting
very specific areas of the City and appears to be aimed at pending development
There are very few locations which allow for buildings over 4 stories (TODD-
MU -5) as a matter of right. In most cases exceeding the four story limit also
triggers a requirement for special approval by the City Commission, i.e. special
exception, special uses, PUD. Staff also would point out that variance criteria
are established by Statute and local ordinances can not limit remedies created
by Statute.
(6) Staff is also concerned that the moratorium ordinance dealing with single-
family residential and the relationship between structures should be dealt with
in the Land Development Code, and to date there is no pending legislation
which responds to that issue.
The Board and staff discussed the moratorium ordinance relating to new
applications for buildings in excess of four stories.
Planning Board Meeting
January 11, 2005
Page 4 of 6
Mr. Morton opened the Public Hearing:
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Jay Beckman 6520 SW 65 St.
Mr. Beckman expressed concern about the issue of concurrency. He also stated that
further traffic studies need to be conducted and then analyzed by the Planning
Board.
Yvonne Beckman 5871 SW 83 St. Supported
Ms. Beckman requested to the Board members that this moratorium ordinance be
forwarded to the city commission for their consideration. She also commented that
the concurrency is a real important issue that needs to be addressed. Additionally
she emphasized that the city needs greenspace and that it should be accounted for in
the Evaluation and Appraisal Report (EAR) process.
Mr. Morton closed the Public Hearing.
Mr. O'Donniley noted that the moratorium ordinance does not comply with the
with the Comprehensive Plan, as stated in staff's observations which reads "The
proposed moratorium limiting building heights is not consistent with the TODD
Land Use Category in the Comprehensive Plan;_
STAFF RECOMMENDATION
Staff suggested that the objectives of both moratoriums can be accomplished by the
adoption of an alternate ordinance which would require all development
applications that exceed two stories in height to go through a "special use" process.
This allows for Planning Board review and City Commission approval. This would
avoid potential challenges related to vesting, targeting, property rights violations,
which are connected to moratoriums. It is recommended that consideration be
given to a substitute ordinance mandating that for an interim period the special use
process shall be applicable for all development applications that exceed two stories
in height.
Motion: Mr. Illas made a motion to recommend that the proposed moratorium
ordinance as submitted not be approved; and the alternate special use process
suggested by staff be recommended with the following conditions: (1) that any
application that is above two story will have to come before the Board for a
hearing; and (2) that individuals that normally would not be affected by this
moratorium ordinance that staff use their discretion to waive any fees or not. Mr.
Liddy seconded the motion.
Vote: Ayes 5 Nays 0
Planning Board Meeting
January 11, 2005
Page 5 of 6
Moratorium Ordinance
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO ZONING; ESTABLISHING A NINE
MONTH TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS
FOR BUILDINGS THAT EXCEED A BUILDING HEIGHT OF TWO STORIES AND 25
FEET WITHIN A DISTANCE OF 50 FEET, AND TWO STORIES AND 30 FEET WITHIN
A DISTANCE OF 100 FEET OF A SINGLE- FAMILY RESIDENTIAL ZONED
PROPERTY LINE; PROVIDING EXCEPTIONS; PROVIDING FOR ORDINANCES IN
CONFLICT, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
Action: Mr. Morton read the item into the record. Mr. O'Donniley noted that staff
observations mentioned earlier in the meeting applied to this ordinance as well,
with the exception that this proposed ordinance does not have a comprehensive
plan inconsistency problem. However, staff's recommendation would be to create
an alternate ordinance.
The Board and staff discussed the item.
Mr. Morton opened the Public Hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Yvonne Beckman 5871 SW 83 St. Supported
Ms. Beckman approved the moratorium and commented that it was appropriate to
give a 9 -month period in order to give additional time to work with the EAR.
Jay Beckman 6520 SW 65 St, -
Mr. Beckman requested that this proposed moratorium ordinance be- placed on
hold.
David Tucker, Sr. 6556 SW 78 Terr. -
Mr. Tucker stated that the concurrency issue needed to be addressed in the EAR
process.
Sharon McCain -
Ms. McCain did not speak on the ordinance, however, did comment on the special
Planning Board meetings being held by the Planning Department.
Mr. Morton closed the Public Hearing,
The Board agreed to make the motion similar to the motion passed earlier in this
meeting.
Motion: Mr. Illas made a motion to deny the moratorium ordinance as submitted
and approve that an alternate special use ordinance be created as recommended by
staff and that applications be handled on a case -per -case basis with the following
Planning Board Meeting
January 11, 2005
Page 6 of 6
conditions: (1) that any application that is above two story will have to come before
the Board for a hearing; and (2) that individuals that normally would not be
affected by this moratorium ordinance that staff use their discretion to waive any
fees or not. Ms. Gibson seconded the motion.
Vote: Ayes 5 Nays 0
V. Planning Board Work Program
None
VI. Approval of Minutes
Planning Board Meeting of November 9, 2004.
Action: The Board duly voted on and approved the minutes of November 9, 2004
as presented.
Vote: Ayes 5 Nays 0
Planning Board Meeting of November 30, 2004;
Action: The Board duly voted on and approved the minutes of November 30, 2004
as presented.
Vote: Ayes 5 Nays 0
VII. Remarks
There were no remarks.
VIII. Future Meetings
_Tuesday, February 8 2005
IX. Adjournment
Action: There being no further business before the Board, Mr. Morton adjourned
the meeting at 10 :00 PM
DOD /SAY /pel
E:\PB\PB Minutes\2005 Minutes\PB MINS 1- 11- 05.doc
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t at 11:30 a.m. 5atur-
rial Funa, part of the touncta-
4 ON
JW Marriot Hotel,
tion, provides needed funding
e
41 Ave.
for Miami's youth programs,
Pascual Martinez
including those at the Y.
en Carolina Luria
The YMCA is one of six
ig the event which
organizations to receive fund -
a a "Cosmic Craze"
ing for 2005. The Y will use
participants will
the grant to provide sports
lildren from new-
scholarships fox more than -
T T
l -years old wearing
150 youngsters between the
tm retailers includ-
ages of 4 and 17 from low -in-
CITY OF A 1 '' FL
and Jack, Bognar
come communities.
is Boy'Meets Girl,
The grant targets Y recre-
On Saturday, April 9, 2005, beginning at 9:30 a.m., in the City Commission
Petit Choux,• Oilily
Pan. There is a $50
ational programs including
flag football, soccer, basket -
Chambers, 6130 Sunset Drive, the' City Commission will hold at its special
)n fee per child
ball, karate and cheerleading
meeting Public Hearings to consider the following items:
`jckets range from
in the communities of West
Dade, Hialeah, Medley, Miami
AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE BY CHANGING THE- ZONING USE DISTRICT -FROM "TODD(MU -4)11,
i0 and tables of 10
Springs, Hialeah Gardens,
.TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE -4) TO "PUD -M" PLANNED UNIT
)le: For more infor-
Virginia Gardens, CaroiCity 1
_ DEVELOPMENT MIXED USE FOR PROPERTY LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757
- for tickets, call
and Miami Lakes.
SW 68 STREET; THE PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF A
6 MIXED USE PROJECT CONSISTING, OF MULTI - FAMILY RESIDENTIAL BUILDINGS, RETAIL USES
z, 786- 268 -1822.
Other grant recipients are
AND A PARKING GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO THE
the Children's Resource Fund
DETERMINATION OF CONCURRENCY.
kH MEETING
aomi chapter. of
($8,500) to provide 45 special
needs children ages 3 -S with •
AN ORDINANCE' ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE
will have its meet -
Music /Dance movement
STATUE 163.3221 FOR A PLANNED UNIT DEVELOPMENT-MIXED USE PROJECT KNOWN AS RED
'T I ROAD COMMONS LOCATED AT 6600 -6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE
.g at 8,p.m. April 11
classes and Karate; Perrine
~`' DEVELOPMENT WILL INCLUDE BUILDINGS OF UP TO FIVE (5) STORIES IN HEIGHT AND THE
iewinds clubhouse;
Baseball and Softball Associa-
FOLLOWING USES: UP TO 409 MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES
t 112th Place and
tion ($7,500) toward, capital
AND A PARKING GARAGE.
idall Drive.
improvements at Franjo Park;
AN ORDINANCE CREATING SEC, 2 -26.11 ENTITLED "THE AFFORDABLE HOUSING ADVISORY
speaker _Barbara
Glades, Baseball and Softball
COMMITTEE."
's subject will be
eft.
League, Inc. ($7,000) for field
and facility upgrades and to
AN ORDINANCE AUTHORIZING THE CITY MANAGER, TO SIGN A TWO YEAR CONTRACT WITH
re information, call
purchase uniform.shirts and
BELLSOUTH AS THE CITIES LONG DISTANCE SERVICE PROVIDER, GENERATING ESTIMATED
SAVINGS OF $12,000:00 DURING THE TERM OF THE CONTRACT.
/eiss, 305 - 274 - 0197,
caps for over 300 youths;
Shake -a -Leg ($ fund
AN ORDINANCE' PROVIDING FOR LONG-TERM • MANAGEMENT AGREEMENT WITH MONTANA/.
,N TREATS
water sports programming
MCLEAN TENNIS, INC. FOR TENNIS SERVICES AT DANTE FASCELL PARK.
erman American
and supplies for individuals
AN ORDINANCE ESTABLISHING A MORATORIUM ON NEW APPLICATIONS FOR ALL
b of Greater Miami
with disabilities and for at-
DEVELOPMENT ORDERS; APPROVALS AND PERMITS FOR BUILDINGS IN EXCESS OF FOUR
is annual luau from
risk youth; and the Boys and
STORIES AND ANY AND ALL RELATED APPLICATIONS FOR VARIANCE, SPECIAL EXCEPTIONS
aidnight-April 16 at
Girls.-Club ($5,500) to provide
OR OTHER ZONING CHANGES.'
Ouse, 11919 SW 56th
more'than 500 boys and girls
AN ORDINANCE ESTABLISHING A NINE- MONTH TEMPORARY MORATORIUM ON THE
with uniforms, equipment and
ISSUANCE OF BUILDING PERMITS FOR BUILDINGS THAT EXCEED A BUILDING HEIGHT OF
sian chicken and
supplies at the Kendall Boys
pp y
TWO STORIES AND 25 FEET WITHIN A DISTANCE OF 50 FEET, AND TWO STORIES AND 30 FEET
WITHIN A DISTANCE OF 100 FEET OF A SINGLE - FAMILY RESIDENTIAL ZONED PROPERTY LINE.
all the trimmings
and Girls Club. For more
offered and The
information - call toll free
A RESOLUTION APPROVING A MASTER SITE PLAN AND DEVELOPMENT PROGRAM FOR
s will play for danc-
1 - 8 7 7 - W D W - Y M C A.
(1- 877
- CERTAIN PROPERTY IN A "PUD -M" PLANNED UNIT DEVELOPMENT MIXED USE ZONING
DISTRICT MORE SPECIFICALLY LOCATED AT -6600 -6640 SW .57 AVENUE AND 5757 SW 68
:e is $10 and dinner
- 969- 9622).
kL STREET; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO SITE, TRAFFIC, SIGNAGE,
ional $10. For more
If you have news for this
AND URBAN DESIGN ISSUES, AND - CONSTRUCTION OF APPROPRIATE PUBLIC
INFRASTRUCTURE AND LANDSCAPING.
in, call 305- 553 - 8587
column, please send it to Bea
SPECIAL NOTE:
-5123:
Moss, Friends and Neighbors,
Neighbors, 7300 N. Kendall
Pursuant to Florida State Statue 163.3221 interested persons are advised that in addition to the
information forth
ISHIP GIFT
Dr., Suite 200, Miami, FL 33156
set above the proposed project will be built on a seven acre tract of land and
will have a dwelling unit density of 58.3 units per acre and a floor- area -ratio (FAR) of 1.54. The
MCA of Greater
or fax to 305 - 671 -4350. Pictures
estimated population density of the project is 132 persons per acre. A copy of the development
is been awarded
cannot be returned. If you have
abv a ent can be obtained at the South Miami Planning Department at the address shown
3r Youth Sports
questions, call Bea Moss at
ips from the Kiwa-
305- -671 -4341 and leave a mes-
A RESOLUTION RELATING TO A-REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(E).OF THE
of Miami's Youth
sage.
sage. Her e-mail address is
e-ma:
LAND DEVELOPMENT CODE TO ALLOW A GARAGE STRUCTURE TO BE BUILT IN THE FRONT
n. The Zee Memo-. .
C a
SETBACK AREA RESULTING IN A VARIANCE REQUEST TO PERMIT A THREE FOOT FRONT
SETBACK WHERE A MINIMUM OF 25 FEET. FRONT SETBACK IS REQUIRED: ALL ON A
PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 5890
SW 84, Street, SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOT B OF SEAVIEW
ESTATES.
e
d of e a
A RESOLUTION FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT IN THE
11SR HD-O" SPECIALTY RETAIL HOMETOW DISTRICT OVERLAY ZONING DISTRICT
1&1
SPECIFICALLY LOCATED T 5850 SUNSET DRIVEN
arm er
mp®f
Inquiries concerning the above two items should be directed to the
f ®r ent.
City Clerk's office at 305 -663 -6340.
ALL interested parties are invited to attend and will be heard.
g—�
(L.f}
Maria M. Menendez
City Clerk
Pursuant to Florida Statutes 286.0105; the City hereby advises the public that if a person decides to appeal any decision made by this
Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the
51162eF111proceedings,
®to Tice ll�rald NOW. C811 11-808-441-8M.
and, that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which
record includes the testimony and evidence upon which the appeal is to be based.
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